We’re going to take a look at the potential for making a claim for personal injury in the Employment Tribunal in this post. This will involve an examination of the following issues:
- Can I make a personal injury claim in the Employment Tribunal?
- When can I make a personal injury claim in the Tribunal?
- What would I need to show to make a personal injury claim in the Tribunal?
Can I make a personal injury claim in the Employment Tribunal?
It is possible to make a claim for personal injury in the Employment Tribunal, although the circumstances under which you can do so are more restrictive than if you were to pursue a claim in the civil courts.
When can I make a personal injury claim in the Tribunal?
An Employment Tribunal can award compensation for any personal injury caused by an act of discrimination against the Claimant. If the discrimination has seriously damaged the Claimant’s physical or mental health (and isn’t just a case where they’ve suffered injury to their feelings – although the line in such circumstances can be difficult to draw) then the Claimant may make a claim for personal injury in the Employment Tribunal. However, a personal injury claim can’t be made on its own in the Employment Tribunal – it needs to be attached to some form of discrimination or harassment claim – otherwise, the claim should be argued in front of the County Court or the High Court in the normal manner.
Is it a good idea to make a personal injury claim in the Employment Tribunal? If the worker is making a discrimination claim in the Employment Tribunal anyway (and the personal injury arises from such discrimination) then the worker may not be able to make a claim for such personal injury outside of the Employment Tribunal. Further, other advantages to pursuing a claim for personal injury in the Employment Tribunal include the fact that there are lower costs involved, the relatively simpler law relating to discrimination (rather than negligence – where a Claimant must prove that the injury was reasonably foreseeable) and the speed with which the claim comes to trial (which is normally a matter of months in the Tribunal whereas it can be years in the civil courts). However, there are advantages to issuing in the civil courts, mainly the fact that the judge dealing with the case will normally be extremely experienced with personal injury claims and the lawyers dealing with the claim will normally be personal injury specialists.
What would I need to show to make a personal injury claim in the Tribunal?
In order to succeed in a claim for personal injury (arising out of discrimination) in the Employment Tribunal, the Claimant will need to show (simplifying greatly) that:
- They have been discriminated against in some form by the Respondent;
- That they have suffered some form of psychological or physical harm; and
- That they suffered this harm as a result of the Respondent’s discriminatory actions
Employment Law Solicitors are solicitors offering employment law advice
